Early morning blood draws

Medical Laboratory Observer, June, 2005 by Daniel M. Baer

Q Are you aware of a law in Washington state that prevents blood draws from patients in long-term care facilities before 5:00 a.m.?

A I contacted officials at Residential Care Services of the Washington State Department of Social and Health Services and a former official of the Laboratory Inspection Unit. None of the officials knows of any laws or regulations that speak to early morning phlebotomy.

Nursing home rules exist, however, that allow residents to make decisions about how they receive care and services. For instance, according to WAC 388-97-08010 Resident dignity and accommodation of needs:

"(1) Dignity. The nursing home must ensure that:

(a) Resident care is provided in a manner to enhance each resident's dignity, and to respect and recognize his or her individuality; and

(b) Each resident's personal care needs are provided in a private area free from exposure to individuals not involved in providing the care.

(2) Accommodation of needs. Each resident has the right to reasonable accommodation of personal needs and preferences, except when the health or safety of the individual or other residents would be endangered." (1)

If a nursing home resident objected to a 5:00 a.m. phlebotomy, this law would be applicable. Many states have similar laws relating to the treatment of long-term care residents.

Reference

1. Washington State Legislature website. WAC 388-97-08010 Resident dignity and accommodation of needs. Available at: http://www.leg.wa.gov/wac/index.cfm?fuseaction =section§ion=388-97-08010. Accessed May 2, 2005.

--Daniel M. Baer, MD

Professor Emeritus

Department of Pathology

Oregon Health and Science University

Portland, OR

Daniel M. Baer, MD, is professor emeritus of laboratory medicine at Oregon Health and Science University in Portland, OR, and a member of MLO's editorial advisory board.

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